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Scenic Rivers System including rivers under study for designation, and National <br />Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or institutional <br />building, or public park (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right -of -way line of any public road except where the mine <br />access or haul roads join such line, and excepting any roads for which the necessary <br />approvals have been received, notices published, public hearing opportunities provided, <br />and written findings made (2.07.6(2)(d)(iv)); <br />The haul /access road for the Loadout joins State Highway 133. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided (2.07.6(2)(d)(v)). <br />Exhibit 12 of the permit application contains a letter from a resident south of the Loadout <br />consenting to operations within 300 feet of his dwelling. <br />On the basis of information submitted by TCLLC in the form of a letter from the State Historic <br />Preservation Officer with the Colorado Historical Society, the Division finds that subject to valid <br />existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly <br />owned park or place listed on the National Register of Historic Places (2.07.6(2)(e)(i)). <br />6. For this operation, private mineral estate has not been severed from private surface estate; <br />therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34 -33- 114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that TCLLC does not own or control <br />any operations which are currently in violation of any law, rule, or regulation of the United <br />States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. TCLLC does not control and has not controlled mining operations with a demonstrated pattern of <br />willful violations of the Act of such nature, duration, and with such resulting irreparable damage <br />to the environment as to indicate an intent not to comply with the provisions of the Act <br />(2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />areas adjacent to the permit area (2.07.6(2)(i)). <br />10. The Division has examined and is holding a bond document in the amount of $290,000.00. The <br />bond document is a corporate surety from the Lexon Insurance Company (number 1069010). <br />The reclamation bond has been reviewed pursuant to Rule 3.02.2(4) to determine whether the <br />above total bond amount reflects the Division's projection of reclamation costs for worst -case <br />disturbance which will occur during the proposed permit term (2.07.6.(2)(j)). The Division's <br />estimate of the cost of the reclamation liability at the Terror Creek Loadout is $271,006.00. <br />12 <br />